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Is my trademark registration valid in other countries?

No, trademarks only have validity in their registered jurisdiction(s). Trademarks like the European Trademark extend across country borders but only into member nations of the EU. Just like corporations chartered by individual states, a country cannot extend protections for its trademark owners outside its borders into surrounding territories. Despite many multinational agreements and bilateral treaties, there is no universal or global trademark protections. We recommend registering your mark in all trademark jurisdictions you now serve or will service soon.

 

What about the Madrid Protocol/WIPO?

Many clients ask about international registration via the Madrid System.  The Madrid System creates a centralized location to extend a trademark application to other countries.  This means that you would take an application in your base country (a signatory country) and then be able to “extend” this application to other signatory countries. Each application you make is still a separate application to the other country and will still be reviewed using that country’s own procedures and requirements.  In the case of an opposition or objection, the local or base country attorney is not allowed to submit the response and a local attorney is required to respond.  As the WIPO applications are typically more expensive for most users, we recommend registering country by country.  If you are considering a large bulk application with many countries, this option may be better for you.  

 

 

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